There is an old saying in law that one only gets “one bite at the apple.” That means, basically, that you have a chance to file your claim or suit or whatever, litigate the issue and obtain a final decision. Once that is done, you can file an appeal of…
As we have mentioned several times on this blog, and even discussed on our website, most employees in Pennsylvania are covered under the Pennsylvania Workers’ Compensation Act. However, different groups of employees fall outside this coverage for various reasons. One of those groups, employees who work in maritime industry, was…
***********SUPREME COURT OF PENNSYLVANIA HAS ACCEPTED APPEAL – UPDATE WILL FOLLOW WITH DECISION******** Under the Pennsylvania Workers’ Compensation Act, injured workers in PA are protected against most types of injuries or conditions. One thing specifically noted is a category of “occupational diseases.” These cover ailments found predominantly in a…
In theory, a workers’ compensation insurance carrier can be required to pay part of, or even the entire, cost of counsel fees owed to the attorney for the injured worker. This is to be awarded any time the insurance carrier lacks a “reasonable basis” to file or defend a litigation. …
Back in February, 2015, we posted a blog entry expressing our disappointment in the decision rendered by the Commonwealth Court of Pennsylvania in the matter of IA Construction Corporation v. Workers’ Compensation Appeal Board (Rhodes). We are now delighted to relate that the Supreme Court of Pennsylvania, the top appellate…
While I apologize to my clients for not being available for the last couple of days, I think you will agree that the absence was for a good cause. For the last several years, I have attended the Annual Pennsylvania Bureau of Workers’ Compensation Seminar, which was held earlier this…
Every employer in Pennsylvania must carry PA workers’ compensation insurance (unless exempted for some reason, such as qualifying to insure itself). The failure to carry workers’ comp insurance is a criminal act, one punishable by a fine and/or incarceration. Unfortunately, not all employers in PA obey the law. As we…
We have previously discussed things an injured worker in Pennsylvania may wish to consider when selecting a PA workers’ compensation attorney. Of course, you would want an attorney experienced handling PA workers’ comp cases. Having practiced primarily in the area of PA workers’ compensation for over 20 years, each of…
Generally, for most employees, the commute to and from work is not a time in which the employee is covered under the Pennsylvania workers’ compensation system (this is known as the “going and coming rule”). As with many of the principles we touch on with this blog, there are exceptions. …
Once an injured worker in Pennsylvania begins to receive workers’ compensation benefits, an insurance carrier can only stop making those payments under certain circumstances. If the benefits are being paid under a Notice of Temporary Compensation Payable (NTCP), then the insurance carrier can simply withdraw the NTCP, issue a Notice…